Digital Health Passes in the Age of COVID-19: Are “Vaccine Passports” Lawful and Ethical?

Authors

Lawrence O. Gostin, Georgetown University - Law Center - O'Neill Institute for National and Global Health LawFollow
I. Glenn Cohen, Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, Harvard Law School
Jana Shaw, Division of Infectious Diseases, Department of Pediatrics, SUNY Upstate Medical University

Document Type

Article

Publication Date

4-7-2021

DOI

10.1001/jama.2021.5283

Abstract

As COVID-19 vaccination rates in high-income countries increase, governments are proposing or implementing digital health passes (DHPs) (vaccine “passports” or “certificates”). Israel uses a “green pass” smartphone application permitting vaccinated individuals’ access to public venues (eg, gyms, hotels, entertainment). The European Union plans a “Digital Green Certificate” enabling free travel within the bloc (see eTable in the Supplement). New York is piloting an IBM “Excelsior Pass,” confirming vaccination or negative SARS-CoV-2 test status through confidential data transfers to fast-track business reopenings. This paper examines the benefits of DHPs, scientific challenges, and whether they are lawful and ethical.

Publication Citation

The Journal of the American Medical Association, published online April 7, 2021, at E1-E2.

Scholarly Commons Citation

Gostin, Lawrence O.; Cohen, I. Glenn; and Shaw, Jana, "Digital Health Passes in the Age of COVID-19: Are “Vaccine Passports” Lawful and Ethical?" (2021). Georgetown Law Faculty Publications and Other Works. 2370.
https://scholarship.law.georgetown.edu/facpub/2370